Taylor v. First National Bank
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $10 upon a check drawn upon defendant bank. From an order, Waite, J., overruling plaintiff’s demurrer to the answer, he appealed.
1Opinion of the CourtHolt, J.
The complaint alleges and the answer admits the execution and delivery of the check, its indorsement and presentment for payment by plaintiff, and the refusal of the defendant bank to pay, although it had sufficient funds of the drawer on deposit with which to pay. The answer by way of defense alleges that the drawer of the check, before plaintiff presented the same to the bank for payment, ordered payment stopped, and directed defendant not to pay the same, on the ground that plaintiff obtained it from the drawer by fraud and without consideration. It is also averred that at the time the…
2Cases cited5 opinions
- Raesser v. National Exchange BankWisconsin Supreme Court · 1902
- Northern Trust Co. v. RogersSupreme Court of Minnesota · 1895
- Wasgatt v. First National BankSupreme Court of Minnesota · 1912
- Weiand's Admr. v. State National BankCourt of Appeals of Kentucky · 1901
- Clarke v. Hall & Ducey Lumber Co.Supreme Court of Minnesota · 1889
3Cited by6 opinions
- Wayzata Enterprises, Inc. v. HermanSupreme Court of Minnesota · 1964
- Louis A. Sabatino, as Ancillary Administrator of the Estate of Jose Juan D'agostino, Deceased v. Curtiss National Bank of Miami Springs, Etc.Court of Appeals for the Fifth Circuit · 1971
- The Laura Baker School v. PflaumSupreme Court of Minnesota · 1947
- First National Bank v. HenningSupreme Court of Colorado · 1944
- Missouri Pacific R.R. v. N. Ark. Hw'y Imp. Dist.Supreme Court of Arkansas · 1925
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